GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

H	1 

HOUSE BILL 258

Short Title:  Admin. Search Warrants/When Served.	(Public)

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Sponsors: Representatives Tolson; and Mitchell.

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Referred to:  Judiciary I.

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February 17, 1997

A BILL TO BE ENTITLED
AN ACT TO AUTHORIZE ADMINISTRATIVE SEARCH WARRANTS TO BE SERVED AT HOURS OTHER THAN BETWEEN 8:00 A.M. AND 8:00 P.M. WHEN THERE IS PROBABLE CAUSE TO BELIEVE THAT THE ACTIVITY THAT JUSTIFIES THE ADMINISTRATIVE SEARCH WARRANT WILL OCCUR AT OTHER HOURS, AS RECOMMENDED BY THE ENVIRONMENTAL REVIEW COMMISSION.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 15-27.2(e) reads as rewritten:
"(e)	Any warrant issued under this section for a search or inspection shall be valid for only 24 hours after its issuance, must be personally served upon the owner or possessor of the property between the hours of 8:00 A.M. and 8:00 P.M. and must be returned within 48 hours.  However, if there is probable cause to believe that the condition, object, activity, or circumstance that legally justifies the search or inspection is occurring or will occur at times other than between the hours of 8:00 A.M. and 8:00 P.M., then the warrant may authorize the search or inspection to be made during times in addition to the hours between 8:00 A.M. and 8:00 P.M., in which case the times during which the search or inspection may occur shall be specifically set out on the face of the warrant.  If the warrant, however, was procured pursuant to an investigation authorized by G.S. 58-79-1, the warrant may be executed at any hour, is valid for 48 hours after its issuance, and must be returned without unnecessary delay after its execution or after the expiration of the 48 hour period if it is not executed. If the owner or possessor of the property is not present on the property at the time of the search or inspection and reasonable efforts to locate the owner or possessor have been made and have failed, the warrant or a copy thereof may be affixed to the property and shall have the same effect as if served personally upon the owner or possessor."
Section 2.  This act becomes effective 1 October 1997.